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GOFF v. AMERICAN SAVINGS ASSOCIATION

No. 48,456

1 Kan. App. 2d 75 (1977)

561 P.2d 897

JAMES E. GOFF and JANICE SUE GOFF, Appellants, v. AMERICAN SAVINGS ASSOCIATION OF KANSAS, Appellee.

Court of Appeals of Kansas.

Opinion filed March 4, 1977.

Attorney(s) appearing for the Case

Fred W. Phelps and R.W. Niederhauser, of Fred W. Phelps, Chartered, of Topeka, for the appellants.

Gerald L. Goodell and Harold S. Youngentob, of Goodell, Casey, Briman & Cogswell, of Topeka, for the appellee.

ABBOTT, J.:

This is an action for fraud brought by the appellants, James E. Goff and Janice Sue Goff, homeowners, against appellee, American Savings Association of Kansas, holder of the first mortgage, and Clarence H. Lyden, contractor.

The trial court granted summary judgment against the Goffs and in favor of American Savings Association, and the Goffs appealed. The action against Clarence H. Lyden is pending in the district court and Lyden is not a party...

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